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Paul Merrell

Senate CIA torture report could throw Gitmo hearings into chaos | Al Jazeera America - 0 views

  • The possible declassification and release of a Senate report into the CIA’s detention and interrogation program — begun in the wake of the 9/11 terrorist attacks — could have a huge impact on the controversial military tribunals happening at Guantánamo Bay, experts and lawyers believe. The proceedings have been moving at a snail’s pace at the U.S.-held military base on the island of Cuba, amid widespread condemnation that they are being held in a legal limbo and outside the U.S. criminal justice system. Details surrounding the CIA’s activities have been one of the most contentious issues concerning the commissions at Guantánamo, where the alleged mastermind of the 9/11 attacks, Khalid Sheikh Mohammed, and his co-defendants are on trial. Their alleged treatment while in CIA custody has been a key stumbling block in the hearings’ progress. The same goes for the man alleged to be behind the USS Cole bombing, Abd al-Rahim al-Nashiri, another former CIA captive. In both cases, there have been dozens of delays — mainly due to the fact that the attorneys have been battling military prosecutors over access to classified information about the CIA interrogation program that the attorneys want to use as evidence. Both cases have been dragging on for two years and are still in the pretrial evidentiary phase.
  • But now that the Senate Intelligence Committee appears set to vote on releasing its long-awaited 6,300-page, $50 million study — or at least some portion of it — the defense attorneys will finally get the opportunity to talk openly at the military commissions about torture. That could prove disastrous for military prosecutors. According to defense attorneys and human rights observers who have been monitoring the proceedings, it might also derail the government’s attempts to convince a jury that the detainees, if convicted, deserve to be executed. “The U.S. government has gone to great lengths to classify evidence of crimes — crimes committed by U.S. actors,” said Army Maj. Jason Wright, one of Mohammed’s military defense attorneys. “Were this information in this Senate report to be revealed … it would completely gut the classification architecture currently in place before the commissions.” The panel is expected to vote April 3, and it is widely believed the panel will approve release of its 400-page executive summary. If that happens, Wright said, he anticipates petitioning the military court to amend the protective order that treats all information about the CIA torture program as classified.
  • The report is likely to contain reams of information that has not yet come to light. Intelligence Committee Chairwoman Sen. Dianne Feinstein has said the report “includes details of each detainee in CIA custody, the conditions under which they were detained, how they were interrogated, the intelligence they actually provided and the accuracy — or inaccuracy — of CIA descriptions about the program to the White House, Department of Justice, Congress and others.” Wright said that in addition to seeking a change to the protective order, he would file discovery motions to gain access to the 6.2 million pages of documents the Senate had. Such a move would lead to further legal wrangling and delay the start of the trial, which the government hopes will get underway in September. “We have an absolute right to review that and have it produced in discovery,” Wright said.
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  • Richard Kammen, al-Nashiri’s civilian defense attorney, meanwhile, has already filed a motion with the military court to obtain a complete, unredacted copy of the Senate Intelligence Committee’s report. The motion, submitted in September prior to the revelations that have surfaced about infighting between the CIA and Senate committee investigators, said the report “will be central to the accused’s defense on the merits, in impeaching the credibility of the evidence against him and in mitigation of the death sentence the government is seeking to impose.” If the entire report were declassified by the Intelligence Committee, it “would be huge because it would really eliminate the ‘need’ for military commissions, which are in my view mainly a vehicle to have what will look like trials but will keep whatever evidence of torture the judge ultimately allows secret from or sanitized to the public,” Kammen said.
  • But not everyone expects the report to be released in great detail. Air Force Capt. Michael Schwartz, the attorney for alleged 9/11 co-conspirator Walid bin Attash, doesn’t believe the Senate committee’s report will ever see the light of day. If it is released, he said it will be highly redacted, rendering it useless to the public and Attash’s defense team. “This whole military commissions system is designed to make sure this information is never known to the public,” Schwartz said. “No one in my office is naive enough to think this report will come out in any unredacted form. Certainly that report contains a lot of mitigating information that would be relevant to the defense of this case. But I don’t believe for a second that we will see anything in that report that actually sheds light on the crimes committed by the CIA against our clients between 2003 and 2006.” Air Force Col. Morris Davis, the former chief prosecutor at Guantánamo and a staunch critic of the military commissions, doesn’t believe the Senate committee’s report “is legally relevant” to the military commission trial of Mohammed and the other high-value detainees. But he does believe it will force the hearings more into the public.
  • “Where I do think it will have an impact is in the assessment of whether those legal relevance proceedings take place in open court or in secret closed sessions,” he said. “The report is likely to officially reinforce and amplify what the public already knows about this regrettable chapter in our history. It should further undercut the government’s claim that all this absolutely must stay hidden behind closed doors or else cataclysmic things will happen.” Army. Lt. Col. Todd Breasseale, a Pentagon spokesman who deals with detainee matters at Guantánamo, declined to discuss the Senate report or how its release may affect the commissions. "I can't imagine a world where competent counsel — be they from the government or defense — would announce in advance, any strategy they might pursue or make predictions on how any given issue might affect the progress of their case," Breasseale said.
  • Daphne Eviatar, a lawyer for Human Rights First who has closely observed and written about the military commission proceedings, said whether the Senate’s report is a game changer will ultimately depend on what is declassified. Perhaps details of the interrogations will be released, or they may be heavily redacted. “Either way, you can be sure the defense lawyers will try to reopen this issue, and the government will fight it, and the case will get bogged down once again in months of argument in pretrial hearings that are already taking forever,” she said.
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    A ray of sunlight ahead in the Gitmo detainee prosecutions?
Paul Merrell

47 Senators Take AIPAC's Word Over U.S. Intel Community « LobeLog.com - 0 views

  • The American Israel Public Affairs Committee (AIPAC) has published the list of senators who so far have agreed to co-sponsor the Nuclear Weapon Free Iran Act of 2013, aka the Wag the Dog Act of 2014. You’ll recall that the initial list, which was introduced by its principal engineers, Sens. Mark Kirk and Robert Menendez, Dec 19, included 26 co-sponsors equally divided between Democrats and Republicans, to which newly elected New Jersey Sen. Cory Booker quickly added his name. Since then, 20 other senators — all Republicans, unsurprisingly — have added their names, for a grand total of 47 — still short of a majority, let alone one that could survive an Obama veto that the White House has already committed the president to cast if the bill is passed in its present form. According to the AIPAC list, which is reproduced below, 53 senators, including 36 Democrats and the two independents who normally vote with the Democratic caucus, have not agreed to co-sponsor the bill, or, in the dreaded moniker used by AIPAC to score lawmakers’ voting records (presumably for the benefit of the “pro-Israel” PACs that decide how to dole out campaign cash), are labeled “DNC.” They will undoubtedly be the top targets for AIPAC’s legendary powers of persuasion when the Senate reconvenes early next week.
  • What is remarkable about this list, however, is that very few of the 47 co-sponsors have chosen to publicize their support for the bill to their constituents through local media or other means. A handful of the original co-sponsors put out press releases, as did Rob Portman, a late joiner. Lamar Alexander, another late-comer, courageously “tweeted” his backing for the bill. “If this were a bill senators were excited about; that is, something they thought they’d earn a lot of credit for — and not draw a lot of heat — from their voters, you’d think all of the co-sponsors would be proudly touting their support,” one veteran Hill observer told me. “Clearly, even for the Republican [co-sponsors], that doesn’t seem to be the case with this bill.” In other words, the co-sponsors appear to be targeting a very narrow constituency — AIPAC, which is now touting their names — rather than  their voters back home, most of whom probably have no idea of what their senator’s position is or what may be at stake. Which raises an interesting question: If the folks back home knew that their senator was supporting a bill that would make another war in the Middle East more, rather than less likely, would there be an outcry as there was after Obama (and AIPAC) asked Congress to approve military action against Syria? Would some senators feel compelled to reassess their support?
  • One other point: others — most recently and convincingly, Colin Kahl and Paul Pillar — have argued just how counter-productive and potentially dangerous this bill is, and we have republished their arguments for the benefit of LobeLog readers in recent days. But it should be stressed that the 47 co-sponsors of this bill, most notably the 14 Democrats who have signed on to it, have effectively decided that Bibi Netanyahu and AIPAC are more credible sources about Iran and what it is likely to do in the P5+1 negotiations if this sanctions bill becomes law than either the U.S. diplomats who are directly involved in the talks or the U.S. intelligence community. Which is a rather startling fact, especially given, for example, Bibi’s predictive record on Iraq in the run-up to the U.S. invasion and his quarrels with his own intelligence community with respect to Iran. U.S. officials beginning at the top with Obama, then running through John Kerry and Wendy Sherman have stated repeatedly that the passage of a new sanctions bill — even one that would take effect prospectively — would not only violate the spirit, if not the letter, of the Nov. 24 agreement; it would also call into serious question Washington’s good faith; quite possibly isolate the U.S. within the P5+1 with disastrous results for the existing sanctions regime; and sufficiently strengthen hardliners in Tehran to force its government to toughen its demands at the negotiating table, if not abandon the diplomatic path altogether (and with it the chances of a peaceful diplomatic settlement). As the most recent assessment by the intelligence community, for which these same 47 senators have approved annual budgets ranging as high as 70 billion dollars in recent years, concluded: “[N]ew sanctions would undermine the prospects for a successful comprehensive nuclear agreement with Iran.” Of course, that’s precisely why Netanyahu and AIPAC are pushing the new sanctions package.
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    It's not about nukes; it's about the U.S. invading Iraq and destroying it. Israel (and the Saudis) desperately want to blow up the negotiations with Iran. Shamefully, 47 senators have signed on so far, with the real lobbying set to begin tomorrow, when Congress returns from the Holidays. 
Paul Merrell

43 US Senators 'Alarmed' by Reports of Iran Deal - News from America - News - Arutz Sheva - 0 views

  • In a scathing two-page letter by 43 Republican senators to US President Barack Obama dated this Wednesdasy, the senators, led by Mark Kirk and Marco Rubio, warned that they were "alarmed" by reported plans to bypass Congress and reach a nuclear deal with Iran. The senators were alarmed at "reports that your administration plans to circumvent Congress and unilaterally provide significant sanctions relief under a comprehensive nuclear agreement with Iran.” US Secretary of State John Kerry insisted Wednesday that the US and Iran would reach a nuclear deal by November 24, indicating the stage may be set for a titanic battle between the Obama Administration and the incoming Republican-majority US Senate on the exact terms of any Obama-Iran nuclear deal. Most noticeably absent from the signatories to the senators' missive was Senator Rand Paul, who has a history of not signing any pro-Israel letters. By contrast Senator Ted Cruz, Paul’s likely Republican nomination presidential contender, was a signatory to the Rubio-Kirk Letter.
  • The Senate Republican letter goes on to state, “Reported plans to circumvent Congress suggest that your negotiators may be concluding a weak and dangerous deal which...would ensure the ultimate failure of any agreement, and runs directly counter to Secretary of State John Kerry's April 2014 statement to the Senate that your administration was absolutely obligated by law to come back to Congress in order to lift sanctions as part of the final deal with Iran.” Arutz Sheva reported in October that Ben Rhodes, a senior White House adviser, had been secretly taped bragging that a nuclear deal with Iran was Obama’s foreign-policy “signature” equivalent of “ObamaCare,” and that they working to structure a deal that would evade any congressional approval or ratification.
  • With the Republicans poised in control of the US Senate for the next two years, the Republican senators threatened that “unless the White House genuinely engages with Congress, we see no way that any agreement consisting of your administration's current proposals to Iran will endure the 114th Congress and after your presidential term ends.”
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    The weakness in the argument is that Congress gave Obama discretion to impose or withdraw the sanctions, hence he needs no legislation to lift them. 
Paul Merrell

CIA Seeks More Time to Declassify Interrogation Documents - Secrecy News - 0 views

  • The Central Intelligence Agency today asked a court to allow more time to declassify its response to the Senate Select Committee on Intelligence report on CIA rendition, detention and interrogation (RDI) activities, which itself is undergoing a time-consuming declassification review. “This complex process requires the careful review of over 500 pages of highly classified material. In addition, sufficient time must be allowed not only for coordination with other agencies, but — after completion of declassification review — for implementation of security measures to ensure the safety of U.S. personnel and facilities overseas,” according to a May 15 motion filed by the government in a FOIA lawsuit brought by the ACLU. “Due to the fluid nature of this process, aspects of which are beyond the CIA’s control, the Agency does not yet have a firm date by which it can complete the processing of the CIA Response [to the SSCI report] and the so-called Panetta Report, although it hopes the declassification review and accompanying processing of those documents can be completed this summer.” The CIA therefore requested an extension of time to respond, to which the ACLU plaintiffs did not consent.
  • With respect to the Senate Intelligence Committee report itself, the government promised an “expeditious” declassification review of the executive summary, findings, and conclusions. “While all declassification decisions are guided by the need to protect national security interests, the President has expressed a clear intent to declassify as much of the executive summary, findings, and conclusions of the SSCI Report as possible, and intends the declassification process to be expeditious,” the government motion said. According to an April 18 letter from then-White House counsel Katherine Ruemmler, appended to the new motion, “The President supports making public the Committee’s important review of the historical RDI program, as he believes that public scrutiny and debate will help to inform the public understanding of the program and to ensure that such a program will not be contemplated by a future administration.
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    Horse puckey. The quoted article is misleading, attempting to conflate two distinct sets of documents that the Court ordered the CIA to disclose after removing all properly classified information. The duty to disclose segregable portions of  records that are not classified has been in place since the early 70s. It should have been done without a lawsuit having been filed and litigated. I.e.,it was a court order the CIA knew was coming since it first received the FOIA request from the ACLU. One set is the CIA response to the Senate Committee. The other set is the DoJ's Office of Legal Counsel memoranda on the legality of torture techniques. not documents documenting the torture itself and not the CIA response to the Senate Committee. Even if he CIA really needed more time for the documents in the Senate group, the legal memoranda could be shorn of classified information in a mater of hours, not days, weeks, or months.  It's the legal memoranda disclosure that CIA and DOJ are really trying to delay. At least two of them were written and/or signed by a former head of the DoJ Office of Legal Counsel whose nomination to the First Circuit Court of Appeals is now pending in Congress. And it's crystal clear that he signed memoranda arguing that torture was legal, which bears directly on his fitness to become a federal appellate judge. It takes a lawyer without ethics or morality to argue that torture is legal. It's not, under either U.S. law or the Geneva Conventions governing warfare. Neither  is grabbing people and turning them over to other governments for torture.  Those memoranda will establish that the nominee is a war criminal. We know this because we have already had a preview in the form of a white paper on the topic released by the White House last year that it's known the same nominee had worked on. And the legal arguments in that white paper are preposterous.   The delay attempt is transparently in aid of pushing that nomination through Congress before
Paul Merrell

MAJOR DEVELOPMENT: Rand Paul, Ron Wyden to Introduce 28 Pages Resolution in Senate | 28Pages.org - 0 views

  • The growing, nonpartisan drive to declassify a 28-page finding on foreign government support of the 9/11 hijackers is about to take an enormous step forward with the introduction of a Senate resolution urging the president to release the material to the public. Dramatically compounding the issue’s visibility, the resolution is being introduced by high-profile Republican presidential hopeful Rand Paul of Kentucky. A spokesperson for Senator Paul told 28Pages.org that Oregon Democrat Ron Wyden will cosponsor the resolution, which will serve as the upper chamber’s companion to House Resolution 14. Wyden is a member of the Senate intelligence committee.
  • ones, Lynch and Massie introduced H.Res.14 and have been championing the issue—and seeking like-minded senators to lead the cause in the upper chamber—since December 2013. Aided by Graham, who co-chaired the joint congressional 9/11 inquiry that wrote the 28 pages as one chapter in a far larger report, their success in securing the leadership of Paul and Wyden represents a critical milestone for the 28 pages movement. As Paul and Wyden seek cosponsors for the resolution, there are 11 senators whose support should—on principle, if not politics—be automatic:  Patrick Leahy (VT), Barbara Mikulski (MD), Harry Reid (NV), Barbara Boxer (CA), Patty Murray (WA), Dick Durbin (IL), Jack Reed (RI), Chuck Schumer (NY), Bill Nelson (FL), Tom Carper (DE) and Maria Cantwell (WA). 
  • What do these 11 Democrats have in common? Months after the December 2002 release of the congressional intelligence report that holds the 28 pages, each of them signed a 2003 letter to President George W. Bush protesting his decision to redact the 28 pages and urging him to release them. In part, that letter read: Unfortunately, because all but two pages of the entire section have been deemed too secret for public disclosure, the American people remain in the dark about other countries that may have facilitated the terrorist attacks. It has been widely reported in the press that the foreign sources referred to in this portion of the Joint Inquiry analysis reside primarily in Saudi Arabia. The decision to classify this information sends the wrong message to the American people about our nation’s anti-terror effort and makes it seem as if there will be no penalty for foreign abettors of the hijackers…Protecting the Saudi regime by eliminating any public penalty for the support given to terrorists from within its borders would be a mistake.
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  • Among those 11 natural candidates to join the Paul-Wyden resolution, one stands out: Schumer led the 2003 letter-writing effort. At the time, he said, “The bottom line is that keeping this material classified only strengthens the theory that some in the U.S. government are hellbent on covering up for the Saudis. If we’re going to take terrorism down, that kind of behavior has got to be nipped in the bud and shedding some light on these 28 pages would start that process.”
  • Former Senator Graham and House leaders of the 28 pages movement who’ve read the 28 pages argue that their release is vital to the ongoing struggle with terrorism. According to Graham, “the 28 pages primarily relate to who financed 9/11 and they point a very strong finger at Saudi Arabia as being the principal financier.” He has also said the U.S. government’s shielding of Saudi Arabia’s role in funding extremism helped pave the way for the rise of ISIS. The House’s Lynch made a similar point in a 2014 story written by the Boston Globe’s Bryan Bender:
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    I suspect that Mr. Obama won't be eager to make the Saudis the patsies  for what it really looks like Israel's far right government and some colaborators in high levels of U.S. government made happen on 9-11.  Heavens! The Saudis might start selling selling their oil in something other than U.S. dollars and bring down the Western banksters house of cards. 
Paul Merrell

'Comprehensive' CIA Torture Report Won't Even Name Well-Known Architects of Torture Program | VICE News - 0 views

  • Some familiar names will be missing from the Senate Intelligence Committee's long-awaited report on the CIA's torture program, VICE News has learned.Notably, two retired Air Force psychologists, Dr. Bruce Jessen and Dr. James Mitchell, who have been credited with being the architects of the CIA's so-called "enhanced interrogation techniques," have their names redacted in the 480-page executive summary of the report, according to current and former US officials knowledgeable about the contents of the document.
  • Feinstein's concerns about the redactions led Senator Carl Levin to issue a statement condemning the blacked-out passages, in which he noted that much of the redacted information had already been disclosed in a previous report about the treatment of detainees in custody of the US military. That report was released in 2009 by the Senate Armed Services Committee, of which he is chairman.Specifically, Levin is referring to a section that addresses the CIA's interrogation of Abu Zubaydah, whose interrogation and torture also factors prominently in the Senate Intelligence Committee's executive summary, portions of which have been redacted, officials familiar with the document told VICE News.
  • The CIA has argued that the Intelligence Committee's use of pseudonyms in its executive summary does not provide the officers who were involved in the program with enough cover. People familiar with the document also said it leaves an impression that the agency gave the committee its blessing to partially identify its officers.Officials say the agency is concerned that journalists and human rights researchers will be able to unmask the officers, whose identities, in some cases, are still classified, based on the way the pseudonyms are used and the fact that some information about the individuals has already appeared in previously published reports.The report currently says individual CIA officers and contractors, identified by pseudonyms, were present in unnamed European countries with named CIA captives during particular years. In some cases, those officers are identified with the same pseudonyms in other parts of the report as having been promoted to leadership positions in the CIA, which also makes it easier to identify them.
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  • One version of the Senate Intelligence Committee's executive summary had apparently identified Mitchell and Jessen by name, and a copy of the panel's findings and conclusions obtained by McClatchy Newspapers included a bullet point that said: "Two contract psychologists devised the CIA's enhanced interrogation techniques and were central figures in the program's operation."But, according to current and former intelligence officials and committee staffers knowledgeable about the report, the CIA has insisted that the executive summary exclude any reference to Mitchell and Jessen by name, despite the fact that their roles in the program have been widely reported. The issue is part of a larger battle that has surfaced in recent weeks between the CIA and the Senate Intelligence Committee over the intelligence community's redactions in the executive summary that the committee's chairwoman, Senator Dianne Feinstein, said were excessive.
  • The names of countries where the CIA set up so-called black site prisons have also been redacted."Exposing details of past intelligence cooperation with specific foreign governments could jeopardize current relationships with those governments, cause domestic political upheaval in those countries, and undermine the willingness of foreign intelligence services to work with America in the future," the person familiar with the administration's redactions said.
  • The CIA, which has responded to the Senate's report with a 122-page rebuttal, does not wholly disagree with the Intelligence Committee's findings. But there are vehement disagreements the CIA has with the committee over certain assertions the panel has made involving 10 detainees. The rebuttal includes a list of recommendations the agency intends to implement. The CIA response does not defend the use of torture techniques and it adds that there were instances when the value of intelligence was inflated.With that said, several committee staffers say that the CIA's response asserts that all of the intelligence obtained from detainees was valuable and saved lives. It also says there is no way to determine whether interrogators would have been able to obtain intelligence if the detainee were not tortured.
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    Let's keep in mind that the CIA agents' names that CIA wants to keep concealed are required to be arrested and prosecuted as war criminals by a treaty the U.S. is party to, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. E.g., in Article 6: " Upon being satisfied, after an examination of information available to it, that the circumstances so warrant, any State Party in whose territory a person alleged to have committed any offence referred to in article 4 is present shall take him into custody or take other legal measures to ensure his presence. The custody and other legal measures shall be as provided in the law of that State but may be continued only for such time as is necessary to enable any criminal or extradition proceedings to be instituted." But here we are presented with the CIA attempting to conceal the identities of its officials who committed torture and to retain them as active agents, rather than assisting in their arrest and prosecution. From the same treaty's Article 2: "1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction. "2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture. "3. An order from a superior officer or a public authority may not be invoked as a justification of torture."  
Paul Merrell

Netanyahu-Mossad Split Divides U.S. Congress on Iran Sanctions - Bloomberg View - 0 views

  • The Israeli intelligence agency Mossad has broken ranks with Prime Minister Benjamin Netanyahu, telling U.S. officials and lawmakers that a new Iran sanctions bill in the U.S. Congress would tank the Iran nuclear negotiations. Already, the Barack Obama administration and some leading Republican senators are using the Israeli internal disagreement to undermine support for the bill, authored by Republican Mark Kirk and Democrat Robert Menendez, which would enact new sanctions if current negotiations falter. Bob Corker, chairman of the Senate Foreign Relations Committee  -- supported by Republican Senators Lindsay Graham and John McCain -- is pushing for his own legislation on the Iran nuclear deal, which doesn't contain sanctions but would require that the Senate vote on any pact that is agreed upon in Geneva. The White House is opposed to both the Kirk-Menendez bill and the Corker bill; it doesn't want Congress to meddle at all in the delicate multilateral diplomacy with Iran.
  • Israeli intelligence officials have been briefing both Obama administration officials and visiting U.S. senators about their concerns on the Kirk-Menendez bill, which would increase sanctions on Iran only if the Iranian government can't strike a deal with the so-called P5+1 countries by a June 30 deadline or fails to live up to its commitments. Meanwhile, the Israeli prime minister’s office has been supporting the Kirk-Menendez bill, as does the American Israel Public Affairs Committee, ahead of what will be a major foreign policy confrontation between the executive and legislative branches of the U.S. government in coming weeks. Evidence of the Israeli rift surfaced Wednesday when Secretary of State John Kerry said that an unnamed Israeli intelligence official had said the new sanctions bill would be “like throwing a grenade into the process.” But an initial warning from Israeli Mossad leaders was also delivered last week in Israel to a Congressional delegation -- including Corker, Graham, McCain and fellow Republican John Barrasso; Democratic Senators Joe Donnelly and Tim Kaine; and independent Angus King -- according to lawmakers who were present and staff members who were briefed on the exchange. When Menendez (who was not on the trip) heard about the briefing, he quickly phoned Israeli Ambassador to the U.S. Ron Dermer to seek clarification. Barrasso told us Tuesday that different parts of the Israeli government told the delegation different things. “We met with a number of government officials from many different parts of the government. There’s not a uniform view there,” he said.
  • Menendez is so livid at the administration, he decried its efforts to avert Congressional action on Iran at the hearing, telling Deputy Secretary of State Tony Blinken: “You know, I have to be honest with you, the more I hear from the administration in its quotes, the more it sounds like talking points that come straight out of Tehran.” Tuesday night, Obama threatened to veto the Kirk-Menendez bill if it passes Congress. Wednesday morning, House Speaker John Boehner responded by announcing that Netanyahu has accepted his invitation to address a joint session of Congress on Feb. 11, just as Congress is likely to be embroiled in a legislative fight over both bills. Boehner told fellow Republicans that he was specifically inviting Netanyahu to address the threat posed by radical Islam and Iran. Netanyahu is expected to deliver full-throated support for sanctions. The administration is upset that Netanyahu accepted Boehner’s invitation without notifying them, the latest indication of the poor relationship between the Israeli government and the White House. Two senior U.S. officials tell us that the Mossad has also shared its view with the administration that if legislation that imposed a trigger leading to future sanctions on Iran was signed into law, it would cause the talks to collapse.
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  • The Israeli view shared with Corker and other senators also mirrors the assessment from the U.S. intelligence community. “We’ve had a standing assessment on this,” one senior administration official told us. “We haven’t run the new Kirk-Menendez bill through the process, but the point is that any bill that triggers sanctions would collapse the talks. That’s what the assessment is.” Another intelligence official said that the Israelis had come to the same conclusion.  This is not the first time Israel’s Mossad has been at odds with Netanyahu on Iran. In December 2010, former Mossad chief Meir Dagan told Israeli reporters that he had openly opposed an order from Netanyahu to prepare a military attack on Iran. At the time, Obama was also working to persuade the Israeli prime minister to hold off on attacking Iran. Iranian diplomats have also routinely threatened to leave the talks if new sanctions were imposed. Javad Zarif, Iran’s foreign minister, at the end of December said new sanctions would “violate the spirit” of the negotiations that have been going on for more than a year now. Despite the intelligence analyses, however, predicting Iranian behavior is no exact science. There is still much about Iran’s program that U.S. spies do not know. In November, former CIA director Michael Hayden told Congress that U.S. intelligence assessments do not have a “complete picture” of the extent of Iran’s nuclear program.
  • On Capitol Hill, the fight over how to proceed against the administration is far from over. The Senate Banking Committee was supposed to mark up the Kirk-Menendez bill on Thursday, but the session was delayed by one week. Some Senate staffers told us that Democrats asked for the delay because Menendez wants to get more Democrats to commit to his bill before he goes public. A main pitch of the Kirk-Menendez bill is that is could garner bipartisan -- even perhaps veto-proof -- support in the face of Obama's disapproval. So far, most Democrats have stayed on the sidelines, especially after Obama and Menendez got into a heated argument over the bill at last week’s private Democratic retreat. Kirk and Menendez softened their proposal to make it more palatable to Democrats, by giving the president more flexibility than the previous version and providing the administration waivers after the fact. Corker, Graham and McCain are trying to woo Democrats to their side by arguing that avoiding sanctions language altogether and simply mandating that the Senate get a vote is a more bipartisan approach. There are only a handful of Democrats that will support any Iran bill, so competition for these votes is heated.
  • Update, 12 p.m. Jan. 22:  The Israeli prime minister's office released a statement Thursday about Mossad chairman Tamir Pardo’s meeting with the U.S. Senate delegation last weekend. The statement said Pardo didn’t oppose new sanctions on Iran but acknowledged that Pardo used the term “hand grenade” to describe the effect new sanctions would have on the nuclear negotiations with Iran. “He used this term to describe the possibility of creating a temporary breakdown in the talks, at the end of which the negotiations will be restarted under better conditions,” the statement said. “The Mossad chairman explicitly pointed out that the agreement that is being reached with Iran is bad, and may lead to a regional arms race.”
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    My advice to Obama: tell John Kerry  to change Netanyahu's visa to impose travel restrictions, allowing him to travel only  to New York City  (where the U.N. is located). within the U.S. The U.S. did that routinely with Soviet Union officials during the Cold War days. That will teach Netanyahu a lesson he will remember, that  in the U.S. the Executive Branch has control of diplomatic relations. Netanyahu has already faced heavy criticism in Israel for straining relations with Obama. He's currently facing heavy criticism for forcing his way  into the Charlie Hebdo march in Paris after President Hollande had specifically requested that he not take part and for having the idocy to tell French Jews that they could never have a home if they did not emigrate to Israel. If  the Obama Administration makes a public issue out of Netanyahu's latest affront, it might well cost Netanyahu re-eloection as Prime Minister next month. That decision lies in the hands of a single Israeli official who will choose which party is to try to form a new ruling coalition of parties. Mr. Netanyahu's Likud Party has no guarantee of getting that nod.  
Paul Merrell

Senate, CIA clash over redactions in interrogation report - The Washington Post - 0 views

  • The planned release of a report by the Senate Intelligence Committee on the CIA’s interrogation of terrorism suspects has broken down in a dispute between the committee and the Obama administration over how much of the document can be declassified. Sen. Dianne Feinstein (D­Calif.), chairman of the committee, said Tuesday that she had written a letter to President Obama raising objections to material that was stripped from the report by the CIA and the White House. “I have concluded the redactions eliminate or obscure key facts that support the report’s findings and conclusions,” Feinstein said in a statement. “Until these redactions are addressed to the committee’s satisfaction, the report will not be made public.”
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    A number of senators supported Feinstein's call for changes to the redactions, with Senate Armed Services Committee chair Carl Levin labeling the CIA's proposed redactions to the report as "totally unacceptable" http://goo.gl/64JW95 In an op-ed in the New York Times, Retired Major General Antonio M. Taguba draws on the lessons learned from Abu Ghraib, noting that "oversight is not the enemy," and expresses concern at the "pre-emptive efforts of the CIA to derail" publication of the Senate report. http://goo.gl/eMPNH8 U.S. officials have told Reuters that the State Department is boosting security measures at some American embassies ahead of the public release of parts of the Senate report on the CIA, due to a fear of protests or backlash. http://goo.gl/JCpjSE
Paul Merrell

Ex-Chief of C.I.A. Shapes Response to Detention Report - NYTimes.com - 0 views

  • Just after the Senate Intelligence Committee voted in April to declassify hundreds of pages of a withering report on the Central Intelligence Agency’s detention and interrogation program, C.I.A. Director John O. Brennan convened a meeting of the men who had played a role overseeing the program in its seven-year history.The spies, past and present, faced each other around the long wooden conference table on the seventh floor of the C.I.A.’s headquarters in Northern Virginia: J. Cofer Black, head of the agency’s counterterrorism center at the time of the Sept. 11 attacks; the undercover officer who now holds that job; and a number of other former officials from the C.I.A.’s clandestine service. Over the speakerphone came the distinctive, Queens-accented voice of George J. Tenet.
  • Over the past several months, Mr. Tenet has quietly engineered a counterattack against the Senate committee’s voluminous report, which could become public next month. The effort to discredit the report has set up a three-way showdown among former C.I.A. officials who believe history has been distorted, a White House carefully managing the process and politics of declassifying the document, and Senate Democrats convinced that the Obama administration is trying to protect the C.I.A. at all costs.The report is expected to accuse a number of former C.I.A. officials of misleading Congress and the White House about the program and its effectiveness, but it is Mr. Tenet who might have the most at stake.
  • Mr. Tenet, who declined to be interviewed for this article, has arranged a number of conference calls with former C.I.A. officials to discuss the impending report. After private conversations with Mr. Brennan, he and two other former C.I.A. directors — Porter J. Goss and Michael V. Hayden — drafted a letter to Mr. Brennan asking that, as a matter of fairness, they be allowed to see the report before it was made public. Describing the letter, one former C.I.A. officer who spoke on condition of anonymity said that the former directors “think that those people who were heavily involved in the operations have a right to see what’s being said about them.”Mr. Brennan then passed the letter to Senator Dianne Feinstein, the California Democrat who is chairwoman of the Senate Intelligence Committee.
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  • Ms. Feinstein agreed to let a group of former senior C.I.A. officials read a draft of the report, although she initially insisted they be allowed to review it only at the committee’s office. Officials said President Obama’s chief of staff, Denis McDonough, intervened and brokered an arrangement in which the officials could read an unredacted version of the report inside a secure room at the office of the Director of National Intelligence. Ms. Feinstein declined to comment.
  • “While former C.I.A. officials may be working to hide their own past wrongs, there’s no reason Brennan or any other current C.I.A. official should help facilitate the defense of the indefensible,” said Christopher Anders, senior legislative counsel at the American Civil Liberties Union.Spokesmen for the C.I.A. and the White House declined to comment.
  • The April meeting at C.I.A. headquarters highlighted how much of the agency is still seeded with officers who participated in the detention and interrogation program, which Mr. Obama officially ended during his first week in office in 2009.At one point during the meeting, the current head of the counterterrorism center, an officer with the first name Mike, told Mr. Brennan that roughly 200 people under his leadership had at some point participated in the interrogation program. They wanted to know, he said, how Mr. Brennan planned to defend them in public against accusations that the C.I.A. engaged in systematic torture and lied about its efficacy.
  • Mr. Tenet resigned a decade ago amid the wash of recriminations over the C.I.A.’s botched Iraq assessments, and he has given few interviews since his book tour.
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    Major Obama scandal brewing here. The current head of the CIA, John Brennan, has been caught conspiring with former CIA heads and others to counter the Senate Intelligence Committee's pending report on CIA torture and extraordinary rendition, even as Brennan works to delay the report summary's publication by censoring it, resulting in delay while the Committee argues with the CIA over the deletions. All of which sharply contrasts with Obama's publicly expressed desire to have the report published promptly.    The article also makes a very strong case that those CIA officials who participated in the torture and rendition program have been enabled, on Obama's watch, to act as the censors of the Senate Report.  A must-read
Paul Merrell

Senator Who Put Pentagon Papers Into Public Record Urges Udall To Do Same With Torture Report - The Intercept - 0 views

  • Article 1, Section 6 of the Constitution establishes an absolute free-speech right for members of Congress on the floor or in committee, even if they are disclosing classified material. It states that “for any Speech or Debate in either House, they shall not be questioned in any other Place.” Within hours of Colorado Senator Mark Udall losing his reelection bid last week, transparency activists were talking about how he should go out with a bang and put the Senate intelligence committee’s torture report into the congressional record.  The report is said to detail shockingly brutal abuse of detainees by the CIA during the George W. Bush administration, as well as rampant deception about the program by top officials. But the Obama White House is refusing to declassify even a summary of the report without major redactions. And Republicans take over the Senate in January.
  • Udall is one of two senators — along with fellow Intelligence Committee member Ron Wyden — who have consistently demanded greater transparency from the intelligence community. If he made the report public on the Senate floor or during a hearing, he couldn’t be prosecuted. The last time any senator did anything nearly so grand was in 1971, when Mike Gravel, two years into his 12 years representing the state of Alaska, entered 4,000 pages of the Pentagon Papers into the congressional record just before the U.S. Supreme Court lifted an injunction on publishing them in the press.
  • Now, Gravel is urging Udall to join the club. “If Udall wants to call me, I can explain this to him,” Gravel, pictured above, said in a phone interview from his home in Burlingame, Calif. Gravel’s recommendation: “What he’d have to do is call a subcommittee meeting like I did, late at night.”
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  • Back in 1971, Gravel first tried to read the Papers from the Senate floor. He even got himself rigged up with a colostomy bag so he wouldn’t need to take breaks. But he was stymied by an unexpected procedural move. So he moved to Plan B: He called a late-night subcommittee meeting with almost no notice to the other members. Gravel read some of the Pentagon Papers out loud, but challenged by dyslexia and overcome with emotion, he finally opted for another way: “I asked for unanimous consent to put it in the record of the subcommittee. And there was no one there to object.” Here is amazing unedited footage of that night:
Paul Merrell

It's WWIII between CIA and Senate | TheHill - 0 views

  • Senators on Wednesday expressed alarm at explosive allegations that the CIA might have spied on their computers to keep tabs on their controversial review of Bush-era “enhanced interrogation” techniques.ADVERTISEMENTLawmakers from both parties said that if the allegations against the CIA prove true, intelligence officials might have violated the law — and certainly violated the separation of powers enshrined in the Constitution.“I’m assuming that’s it’s not true, but if it is true, it should be World War III in terms of Congress standing up for itself against the CIA, ” Sen. Lindsey Graham (R-S.C.) told The Hill.Intelligence Committee Chairwoman Dianne Feinstein (D-Calif.) confirmed Wednesday that the CIA inspector general was investigating accusations that the covert agency had peered into the panel’s computers. But she didn’t comment on reports that the investigator has referred the matter to the Justice Department.Senate Armed Services Committee Chairman Carl Levin (D-Mich.), an ex officio member of the Intelligence panel, said the charge of spying is “extremely serious.”“There are laws against intruding and tampering, hacking into, accessing computers without permission. And that law applies to everybody,” he said.Brennan in a statement said he was "dismayed" by the “spurious allegations,” which he said were "wholly unsupported by the facts."
  • His statement was released Wednesday evening as McClatchy reported that the computer spying was allegedly discovered when the CIA confronted the Senate Intelligence panel about documents removed from the agency’s headquarters."I am very confident that the appropriate authorities reviewing this matter will determine where wrongdoing, if any, occurred in either the Executive Branch or Legislative Branch," Brennan said.“Until then, I would encourage others to refrain from outbursts that do a disservice to the important relationship that needs to be maintained between intelligence officials and congressional overseers."The allegations escalated a long-simmering feud between Democrats on the Intelligence panel and the CIA over the committee’s classified interrogation report, which provides an exhaustive look at the treatment of detainees in the years after Sept. 11.Sen. Mark Udall (Colo.) and two other Democrats on the Intelligence panel have criticized the CIA and its director, John Brennan, for blocking their efforts to declassify the 6,300-page investigation.“The CIA tried to intimidate the Intelligence Committee, plain and simple,” Udall said. “I’m going to keep fighting like hell to make sure the CIA never dodges congressional oversight again.”
  • Senators have said their review, which was completed in December 2012, is harshly critical of interrogation techniques such as waterboarding, concluding that they were ineffective and did not contribute to the capture of Osama bin Laden.Udall and other Democrats say the report needs to be released because it will "set the record straight" about the use of techniques that critics say amount to torture.While Democrats on the panel backed the report’s findings, most of the Intelligence Committee Republicans dissented.The CIA has objected to some of the report’s conclusions as well, though Udall says its internal review contradicts the agency’s public statements.Sen. Martin Heinrich (D-N.M.), who has joined Udall in pressing for the release of the report, said the allegations about CIA spying show the lengths that the agency will go to protect itself.“I think it’s been pretty clear that the CIA will do just about anything to make sure that this detention and interrogation report doesn’t come out,” Heinrich told The Hill.
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  • Other Republicans on the Intelligence panel said the spying charges should be investigated, but they expressed concerns about the leak of the inspector general investigation.“I have no comment. You should talk to those folks that are giving away classified information and get their opinion,” Intelligence Committee Vice Chairman Saxby Chambliss (R-Ga.) said when asked about the alleged intrusions.Sen. Ron Wyden (D-Ore.) appeared to allude to the CIA snooping at an Intelligence Committee hearing last month when he asked Brennan whether the Computer Crimes and Abuse Act applied to the agency.Wyden said Wednesday that Brennan responded in a letter the law did apply.“The Act, however, expressly ‘does not prohibit any lawfully authorized investigative, protective, or intelligence activity … of an intelligence agency of the United States,’ ” Brennan wrote in the letter that Wyden released.McClatchy news service reported that the Intelligence Committee determined earlier this year the CIA had monitored computers it provided to the panel to review top-secret reports, cables and other documents.It’s still unclear whether the alleged monitoring would have violated the law.
  • Udall sent a letter to President Obama on Tuesday calling for declassification of the committee’s report, where he alleged the CIA’s “unprecedented action against the committee” was tied to agency's internal review of the interrogation policies.Udall first raised issues with the internal review of the interrogation techniques at the confirmation hearing of Caroline Krass's nomination as CIA general counsel, which took place in December.He said that the review, conducted under former CIA Director Leon Panetta, corroborated the findings of the Senate Intelligence report and contradicted the public statements from the agency.Udall has placed a procedural hold on Krass’s nomination and told reporters Wednesday that it would remain in place until the CIA meets his requests for more information about the internal review.White House press secretary Jay Carney declined to comment on the spying allegations Wednesday, referring questions to the CIA and Department of Justice.Carney said that "as a general matter," the White House was in touch with the Intelligence Committee."For some time, the White House has made clear to the chairmen of the Senate Select committee on intelligence that the summary and conclusions of the final RDI report should be declassified with any redactions necessary to protect national security," he said.
  • Heinrich said he hoped the CIA intrusions, if confirmed, would push the White House to get involved in the dispute between the agency and the committee over the report.“It would be easy for me to get very upset about these allegations, but I think we need to keep our eye on that ball, because that is a really important historical issue, and people need to understand who made what decisions and why,” he said.
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    Jack Kennedy had the right idea: abolish the CIA.
Paul Merrell

The White House Has Been Covering Up the Presidency's Role in Torture for Years - The Intercept - 0 views

  • On May 10, 2013, John Brennan presented CIA’s response to the Senate Intelligence Committee Torture Report to the President. Official White House Photo by Pete Souza. The fight between the CIA and the Senate Intelligence Committee over the Committee’s Torture Report – which Dan Froomkin covered here – has now zeroed in on the White House. Did the White House order the CIA to withdraw 920 documents from a server made available to Committee staffers, as Senator Dianne Feinstein says the agency claimed in 2010? Were those documents – perhaps thousands of them – pulled in deference to a White House claim of executive privilege, as Senator Mark Udall and then CIA General Counsel Stephen Preston suggested last fall? And is the White House continuing to withhold 9,000 pages of documents without invoking privilege, as McClatchy reported yesterday? We can be sure about one thing: The Obama White House has covered up the Bush presidency’s role in the torture program for years. Specifically, from 2009 to 2012, the administration went to extraordinary lengths to keep a single short phrase, describing President Bush’s authorization of the torture program, secret.
  • As Steven Aftergood, director of the Federation of American Scientists Project on Government Secrecy, noted  in 2009 – shortly after Hayden revealed that torture started as a covert operation – this means there should be a paper trail implicating President Bush in the torture program. “[T]here should be a Presidential ‘finding’ authorizing the program,” he said, “and [] such a finding should have been provided to Congressional overseers.” The National Security Act dictates that every covert operation must be supported by a written declaration finding that the action is necessary and important to the national security. The Congressional Intelligence committees – or at least the Chair and Ranking Member – should receive notice of the finding. But there is evidence that those Congressional overseers were never told that the finding the president signed on September 17, 2001 authorized torture. For example, a letter from then ranking member of the House Intelligence Committee, Jane Harman, to the CIA’s General Counsel following her first briefing on torture asked: “Have enhanced techniques been authorized and approved by the President?” The CIA’s response at the time was simply that “policy as well as legal matters have been addressed within the Executive Branch.”
  • Nevertheless, the finding does exist. The CIA even disclosed its existence in response to the ACLU FOIA, describing it as “a 14-page memorandum dated 17 September 2001 from President Bush to the Director of the CIA pertaining to the CIA’s authorization to detain terrorists.” In an order in the ACLU suit, Judge Alvin K. Hellerstein confirmed that the declaration was “intertwined with” the administration’s effort to keep the language in the Tenet document hidden. When the administration succeeded in keeping that short phrase secret, all effort to release the declaration also ended.
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  • The White House’s fight to keep the short phrase describing Bush’s authorization of the torture program hidden speaks to its apparent ambivalence over the torture program. Even after President Obama released the DOJ memos authorizing torture – along with a damning CIA Inspector General Report and a wide range of documents revealing bureaucratic discussions within the CIA about torture – the White House still fought the release of the phrase that would have made it clear that the CIA conducted this torture at the order of the president. And it did so with a classified declaration from Jones that would have remained secret had Judge Hellerstein not insisted it be made public. As Aftergood noted, such White House intervention in a FOIA suit is rare. “The number of times that a national security advisor has filed a declaration in a FOIA lawsuit is vanishingly small,” he said. “It almost never happens.” But as ACLU Deputy Legal Director Jameel Jaffer noted of the finding, “It was the original authority for the CIA’s secret prisons and for the agency’s rendition and torture program, and apparently it was the authority for the targeted killing program as well.  It was the urtext.  It’s remarkable that after all this time it’s still secret.”
  • Enduring confusion about this particular finding surely exists because of its flexible nature. As Bob Woodward described in Bush at War, CIA Director Tenet asked President Bush to sign “a broad intelligence order permitting the CIA to conduct covert operations without having to come back for formal approval for each specific operation.” As Jane Mayer described in The Dark Side, such an order not only gave the CIA flexibility, it also protected the President. “To give the President deniability, and to keep him from getting his hands dirty, the finding called for the President to delegate blanket authority to Tenet to decide on a case-by-case basis whom to kill, whom to kidnap, whom to detain and interrogate, and how.” When George Tenet signed written guidelines for the CIA’s torture program in 2003, however, he appeared to have deliberately deprived the President of that deniability by including the source of CIA’s authorization – presumably naming the President – in a document interrogators would see. You can’t blame the CIA Director, after all; Tenet signed the Guidelines just as CIA’s Inspector General and DOJ started to review the legality of the torture tactics used against detainees like Abd al-Rahim al-Nashiri, who was threatened with a drill and a gun in violation of DOJ’s ban on mock executions.
  • President Obama’s willingness to go to such lengths to hide this short phrase may explain the White House’s curious treatment of potentially privileged documents with the Senate now – describing President Bush’s authorization of the torture program and its seemingly contradictory stance supporting publishing the Torture Report while thwarting its completion by withholding privileged documents. After all, the documents in question, like the reference to the presidential finding, may deprive the President of plausible deniability. Furthermore, those documents may undermine one of the conclusions of the Torture Report. According to Senator Ron Wyden, the Senate Torture Report found that “the CIA repeatedly provided inaccurate information about its interrogation program to the White House.” Perhaps the documents reportedly withheld by the White House undermine this conclusion, and instead show that the CIA operated with the full consent and knowledge of at least some people within the White House. Finally, the White House’s sensitivity about documents involved in the torture program may stem from the structure of the finding. As John Rizzo made clear, the finding authorizes not just torturing, but killing, senior al Qaeda figures. Bob Woodward even reported that that CIA would carry out that killing using Predator drones, a program CIA still conducts. And in fact, when the Second Circuit ultimately ruled to let the White House to keep the authorization phrase secret, it did so because the phrase also relates to “a highly classified, active intelligence activity” and “pertains to intelligence activities unrelated to the discontinued [torture] program.” Given what we know about the September 17, 2001 finding, that may well refer to President Obama’s still active drone program.
  • In any case, the White House’s seemingly contradictory statements about the Torture Report might best be understood by its past treatment of CIA documents. By releasing the DOJ memos and other materials, the White House provided what seemed to be unprecedented transparency about what the CIA had done. But all the while it was secretly hiding language describing what the White House has done.
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    See also U.N. Convention Against Torture, which the U.S. is a party to. http://www.un.org/documents/ga/res/39/a39r046.htm
Gary Edwards

1913: The Blow That Killed America 100 Years Ago - 0 views

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    "There is a lot of ruin in a nation," wrote Adam Smith. His point was that it takes a long time for nations to fall, even when they're dead on their feet. And he was certainly right. America took its fatal blow in 1913, one hundred years ago; it just hasn't hit the ground yet. This is a slow process, but it's actually fast compared to the Romans. It took them several centuries to collapse . The confusing thing about our current situation is that America - and by that I mean the noble America that so many of us grew up believing was real - has long been poisoned. Its liver, kidneys, and spleen have all stopped functioning. Its heart beats slowly and irregularly. But it still stands on its feet and presents itself as alive to all those who would let their eyes fool them. And I'm not without sympathy for those who want to believe. They find themselves in a world where politics is almighty, and where their comfort, prosperity, and perhaps their survival all hang in a delicate balance. They don't want to upset anything, and questioning the bosses is a good way to get yelled at. But just because someone wants to believe doesn't make it so. We are not children and we are not powerless. We Producers should never be intimidated by those who live at our expense. So let's start looking at the facts. 1913: The Horrible Year For all the problems America had prior to 1913 (including the unnecessary and horrifying Civil War), nothing spelled the death of the nation like the horrors of 1913. Here are the key dates: February 3rd : The 16th Amendment to the United States Constitution was ratified, authorizing the Federal government to impose income taxes on individuals. An amendment to a tariff act in 1894 had attempted to do this, but since it was clearly unconstitutional, the Supreme Court struck it down. As a result - and mostly under the banner of bleeding the rich - the 16th amendment was promoted and passed. As a result, the Revenue Act of 1
Paul Merrell

Intel Contractors Give Millions to Lawmakers Overseeing Government Surveillance | MapLight - Money and Politics - 0 views

  • In response to documents leaked by former National Security Agency contractor Edward J. Snowden, the congressional committees in charge of overseeing the government's intelligence operations have come to the defense of the surveillance and data collection programs, and the agencies that administer them. The House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence have rejected attempts to reform the programs while advancing legislation to bolster their legal status and providing a funding boost to the National Security Agency (NSA) to protect their secrecy. The U.S. intelligence budget for 2013 is $52.6 billion. According to the Washington Post, "top secret spending" is divided into four main spending categories: data collection, data analysis, management, facilities and support, and data processing and exploitation. Seventy percent of the intelligence budget is used to pay private contractors. Several of the companies receiving intelligence contracts are major donors to members of the intelligence committees, including L-3 Communications, General Dynamics, Lockheed Martin, Northrop Grumman, and Honeywell International. Data: MapLight analysis of campaign contributions from political action committees (PACs) and individuals from the top 20 intelligence services contractors working with the Department of Defense, ranked by total value of contracts received, to members of the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence. Data source: Federal Election Commission from January 1, 2005 - October 4, 2013. Department of Defense intelligence services contracts source: USASpending (contract totals as of September 26, 2013)
  • In total, members of the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence have received $3.7 million from top intelligence services contractors since January 1, 2005. Members of the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence from Maryland -- home of NSA headquarters -- led the committees in money received from top intelligence contractors. Representative C.A. "Dutch" Ruppersberger, D-Md., is the largest recipient, having received $363,600 since January 1, 2005. Senator Barbara Mikulski, D-Md., is the second largest recipient, having received $210,150. Republican members of House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence have received $1.86 million since January 1, 2005, while Democrat members have received $1.82 million over the same time period. Members of the House Permanent Select Committee on Intelligence have received $2.2 million since January 1, 2005 from top intelligence services contractors, while members of the Senate Select Committee on Intelligence have received $1.5 million. Lockheed Martin has given $798,910 to members the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence since January 1, 2005, more than any of the other top 20 intelligence service contractors. Northrop Grumman has given $753,101, the second highest amount, and Honeywell has given $714,913, the third highest amount.
  • TOP 20 INTELLIGENCE SERVICES CONTRACTORS CONTRIBUTIONS TO CONGRESSIONAL INTELLIGENCE COMMITTEES
Paul Merrell

DOJ to disclose memo justifying drone strikes on Americans, easing Senate vote on author | Fox News - 0 views

  • In a bid to clear the way for a controversial Senate nominee, the Obama administration signaled it will publicly reveal a secret memo explaining its legal justification for using drones to kill American citizens overseas.  The Justice Department, officials say, has decided not to appeal a Court of Appeals ruling requiring disclosure of a redacted version of the memo under the Freedom of Information Act. ADVERTISEMENTADVERTISEMENT The decision to release the documents comes as the Senate is to vote Wednesday on advancing President Obama's nomination of the memo's author, Harvard professor and former Justice Department official David Barron, to sit on the 1st U.S. Circuit Court of Appeals in Boston. 
  • Sen. Rand Paul, R-Ky., has vowed to fight Barron's confirmation, and some Democratic senators had called for the memo's public release before a final vote. Paul reiterated his opposition on Wednesday.  "I cannot support and will not support a lifetime appointment of anyone who believes it's OK to kill an American citizen not involved in combat without a trial," Paul said in the Senate.  But a key Democratic holdout against Barron's nomination, Sen. Mark Udall D-Colo., announced Tuesday night he will now support Barron because the memo is being released. "This is a welcome development for government transparency and affirms that although the government does have the right to keep national security secrets, it does not get to have secret law," Udall said in a statement.  Sen. Ron Wyden, D-Ore., had also been pushing for public disclosure of Barron's writings and was one of several Democrats who had been refusing to say whether he'd vote for confirmation without it. "That's certainly very constructive," Wyden said when told of the decision not to appeal.
  • Wednesday's expected procedural vote would allow the Senate to move ahead with a final vote on Barron on Thursday. "I think we'll be OK," Senate Majority Leader Harry Reid, D-Nev., said earlier Tuesday. Anwar al-Awlaki, an Al Qaeda leader born in the United States, was killed after being targeted by a drone strike in Yemen in September 2011. Some legal scholars and human rights activists complained that it was illegal for the U.S. to kill American citizens away from the battlefield without a trial. The White House had agreed under the pressure to show senators unredacted copies of all written legal advice written by Barron regarding the potential use of lethal force against U.S. citizens in counterterrorism operations. Until now, the administration has fought in court to keep the writings from public view. But administration officials said that Solicitor General Donald Verrilli Jr. decided this week not appeal an April 21 ruling requiring disclosure by the 2nd U.S. Circuit Court of Appeals in New York and that Attorney General Eric Holder concurred with his opinion.
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  • The release could take some time, since the redactions are subject to court approval. And the administration also is insisting that a classified ruling on the case also be redacted to protect information classified for national security, but not the legal reasoning, one of the officials said. The drone strike that killed al-Awlaki also killed another U.S. citizen, Samir Khan, an Al Qaeda propagandist. Al-Awlaki's 16-year-old son, Abdulrahman, was killed the following month in another drone attack. The American Civil Liberties Union and two reporters for The New York Times, Charlie Savage and Scott Shane, filed a FOIA suit. In January 2013, U.S. District Court Judge Colleen McMahon ruled that she had no authority to order the documents disclosed, although she chided the Obama administration for refusing to release them. But a three-judge appeals court panel noted that after McMahon ruled, senior government officials spoke about the subject. The panel rejected the government's claim that the court could not consider official disclosures made after McMahon's ruling, including a 16-page Justice Department white paper on the subject and public comments by Obama in May in which he acknowledged his role in the al-Awlaki killing, saying he had "authorized the strike that took him out."
  • The ACLU urged senators in a letter Tuesday not to move forward on the confirmation vote until they have a chance to see any Barron memos on the administration's drone program, not just those involving U.S. citizens. Paul issued a statement Tuesday saying he still opposes Barron's nomination. "I rise today to say that there is no legal precedent for killing American citizens not directly involved in combat and that any nominee who rubber stamps and grants such power to a president is not worthy of being placed one step away from the Supreme Court," Paul said in remarks prepared for delivery on the Senate floor Wednesday provided by his office.
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    But still they push ahead, with a plan for a final vote on Barron's nomination Thursday, before the public gets to see the memos [plural].
Paul Merrell

One Click Politics - 0 views

  • Senate Joint Resolution 19 is a proposed Constitutional Amendment to overturn Citizens United, but it doesn’t address corporate constitutional rights at all. Please send a message to the authors of SJR19 -- let them know that Corporate Personhood MUST be included in the language of the amendment... What You Can Do: Help movetoamend accomplish these goals by contributing your power of voice. Take action now by sending a message to Congress telling them why these issues are important to you.
  • Formed in September 2009, Move to Amend is a coalition of hundreds of organizations and hundreds of thousands of individuals committed to social and economic justice, ending corporate rule, and building a vibrant democracy that is genuinely accountable to the people, not corporate interests.
  • Senate Joint Resolution 19 is a proposed Constitutional Amendment to overturn Citizens United, but it doesn’t address corporate constitutional rights at all. Please send a message to the authors of SJR19 -- let them know that Corporate Personhood MUST be included in the language of the amendment... What You Can Do: Help movetoamend accomplish these goals by contributing your power of voice. Take action now by sending a message to Congress telling them why these issues are important to you.
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    I have never forwarded action alerts to others by email. The typical action alert winds up sharing your email address with at least one other organization. The next thing you know you're getting donor solicitations from both the Republican and Democratic party central national coordinating committees. It's not just that I'm a political independent; it's an ongoing task to unsubscribe from unwanted mailing lists. Today I got an action alert from Move to Amend, only the second I have received from the organization. This group does not share your email address with anyone. If you choose to participate in this action alert, which is nearing 1 million messages sent, there is a send button near the bottom of the page to participate. That takes you to a page where you can read the message that will be sent. Move to Amend is a non-partisan organization that has been working toward a constitutional amendment for around 4 years that would clear the way for Congress to regulate campaign contributions, in light of Supreme Court decisions declaring that corporations have a First Amendment right to make campaign contributions in any amount they desire. But their amendment would also abolish constitutional rights for all fictional legal "persons" other than human beings and government at the local, state, and national levels. Move to Amend has been going about the process the right way and to date has scored supporting resolutions in 16 state legislatures and hundreds of community governments. That's enough to get oligarchs worried. So there's a bill gathering steam in the U.S. Senate, SJR 19, that's a watered-down version. It grants Congress and the states power to regulate campaign contributions, but it does not speak to the problem of granting human constitutional rights to entities that have existence only in the eyes of the law. The Senate bill is here: http://goo.gl/Nkvfkg Our nation's Founders unmistakably did not contemplate that corporations would have constitution
Paul Merrell

Now Congress Is Fast-Tracking the TPP Fast Track | The Nation - 0 views

  • After months of back-room negotiations, key congressional negotiators are finally ready to unveil legislation that would fast-track approval for the Trans-Pacific Partnership. The bill would prohibit Congress from amending the trade deal, and would require a simple-majority vote for passage, but would in exchange set a variety of negotiating parameters. If the architects of the legislation—Senators Ron Wyden and Orrin Hatch and Representative Paul Ryan—are at all worried that members of Congress will feel fast-track leaves them out of the process, they are doing a pretty terrible job of addressing those concerns. A Senate Finance Committee hearing Thursday morning featured top US trade officials—but occurred before the legislation was even unveiled, and was called with almost no notice. This drew some unusual and strong rebukes from Democrats on the Finance Committee over an unfair process.
  • Hatch and Wyden, the chairman and ranking member of Senate Finance respectively, called hearing on Wednesday night that was ostensibly about “Congress and US Tariff Policy.” It featured several top US officials that deal with trade: US Trade Representative Michael Froman, Agriculture Secretary Tom Vilsack, and Treasury Secretary Jack Lew. Hatch announced at the top of the hearing that fast-track legislation could come as early as the afternoon, and both he and Wyden began their opening statements by talking about the looming bill. Members of the committee thus suddenly found themselves in a fast-track hearing without knowing it—and before they saw the legislation. Many of them didn’t like it. Senator Chuck Schumer, likely to be the next Democratic majority leader, opposes fast-track and objecting in the hearing to “rushing” the legislation. Senator Sherrod Brown said “We got twelve hours notice on a bill we haven’t seen…you can’t fast-track fast track.”
  • Senators appeared unsure if they would even get to see the legislation before a vote. Senator Debbie Stabenow asked if the committee would have to vote “on an agreement that we have not yet even seen and that hasn’t been reached,” according to the Huffington Post.
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  • As the hearing was going on, six Democratic members of the committee took the unusual step of issuing a joint statement objecting to the hearing they were sitting in on: “With millions of jobs on the line, American workers and manufacturers deserve more than a hastily scheduled hearing without an underlying bill. Congress should undergo a thorough and deliberative committee process for debating trade agreements that account for 40 percent of our world’s GDP. And we should be debating a bill that has seen the light of day and contains strong provisions to protect American workers against illegal trade practices like currency manipulation.” Schumer, Brown and Stabenow, along with Senators Robert Menendez, Ben Cardin and Bob Casey attached their names to the statement.
Gary Edwards

Amnesty Senators and the Stories They Told | RedState - 0 views

  • Republicans (and red state Democrats) used to tell voters amazing things about their opposition to amnesty. Then they got elected and supported legislation that actually weakens border security and puts people on a path not just to legalization, but to citizenship, before ever securing our borders.
  • 1. Rubio: “I would vote against anything that grants amnesty because I think it destroys your ability to enforce the existing law and I think it’s unfair to the people who are standing in line and waiting to come in legally. I would vote against anything that has amnesty in it.”
  • 2. Corker: “We need a new immigration policy that reflects America’s values. First, secure this border. Allow people to work here but only if they’re legal. No amnesty. Those employed but here illegally must go home and return through legal channels.”
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  • 3. Wicker: “I agree that illegal immigration is a major issue that needs to be addressed. However, I oppose amnesty as the solution.”
  • 7. Heller: “I believe it is an amnesty program, a back-door amnesty program for the 12 to 15 million people who are here illegally.”
  • 5. Flake: “I’ve been down that road, and it is a dead end. The political realities in Washington are such that a comprehensive solution is not possible, or even desirable given the current leadership. Border security must be addressed before other reforms are tackled.”
  • 6. Hatch: “We can no longer grant amnesty. I fought against the 1986 Simpson-Mazzoli bill because they granted amnesty to 3 million people. They should have to get in line like anybody else if they want to come into this country and do it legally.”
  • 4. Ayotte: “For the people who are here illegally, I don’t support amnesty; it’s wrong. It’s wrong to the people who are waiting in line here, who have waited for so long. And we need to stop that because I think that’s where the Administration is heading next.”
  • 12. Graham: Amid withering criticism from his constituents, Graham — who is up for reelection next year — began to argue that it was time to approach the immigration problem in stages. On Thursday, he likened the decisive vote to pass his amendment to “having been robbed 12 million times and finally getting around to putting a lock on the door.”
  • 9. Collins: Before 2008 reelection, voted no on McCain-Kennedy amnesty
  • 10. Hoeven: Hoeven said the U.S. needs to secure its borders and crack down on employers who hire illegal immigrants.
  • 11. McCain: “Complete the danged fence.”
  • 8. Alexander: “We cannot restore a system of legal immigration – which is the real American Dream – if we undermine it by granting new benefits to those who are here illegally.”
  • 13. Kirk: “The American people believe our borders are broken. It is a fundamental duty of our government to know who is entering the country, making illegal entry nearly impossible. In the coming Congress, we have an overwhelming bipartisan consensus to restore confidence in the security of our borders — before we pursue other immigration proposals.”
  • 14. Murkowski: “With regard to undocumented aliens, I believe that those who illegally entered or remained in the United States should not be granted amnesty. Granting amnesty to illegal aliens sends the wrong message and is not fair to the vast majority of immigrants who abided by U.S. immigration laws. Granting amnesty would only encourage further illegal immigration.”
  • 15. Chisea: Joined most other Republicans, including opponents of the legislation, in supporting a proposal — which was defeated largely along party lines — that would have blocked legalization until the government can prove U.S. borders are secure. Chiesa said he sees border security as a top priority given his law enforcement background, and has yet to decide his stance on citizenship for immigrants without authorization.
  • Red State Democrats
  • 1. Pryor: “I voted against the president’s immigration plan today because the border security and enforcement measures are inadequate and the bill fails to effectively address the individuals who are already here illegally.” Pryor says it’s time for changes, “It’s time for a new approach. I advocate that we strengthen and implement the enforcement measures in this bill and show we can fully enforce immigration laws.”
  • 2. Tester: He wants secure borders and no amnesty for law breakers.
  • 3. Landrieu: “Sen. Landrieu is a leader in the U.S. Senate fighting against illegal immigration,” Schneider said. “She has fought against amnesty for illegal immigrants and to provide more resources for border security. The new NRSC attack is designed simply to mislead voters about Sen. Landrieu’s record.”
  • 4. Donnelly: “Eliminate amnesty because no one should ever be rewarded for breaking the law.”
  • 5. Hagan: Hagan said she supported increased border security and opposed amnesty.
  • 6. McCaskill: Claire does not support amnesty. As a former prosecutor, Claire believes people who break the law should be held accountable, both illegal immigrants and the employers who exploit them for cheap labor. Claire does not believe we need any new guest worker programs undermining American workers.
  • 7. Stabenow: Do you support path to citizenship for illegal immigrants? STABENOW: I voted no, because it went too far and cost us jobs. I do think it’s important to have border security and legal system that is fair and effective. My focus is on our jobs that we’re losing because of failed policies.
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    Good collection of statements and position summaries for Republican and Democrat Senators who yesterday voted for the latest Amnesty Bill.  Each had staked out a election position demanding the border be closed and that American jobs be protected.  Yet, here they are voting for an amnesty plan that will legalize over 46 million new Americans. There is no  doubt in my mind that Big Business supports cheap labor fully subsidized by the great American social safety net.  These corporate welfare queens want to pass the escalating cost of labor onto hapless taxpayers.  The Democrats get to rule a one party nation as these new "Federal" citizens loyalty to the is bought and paid for by the States.   And the middle class gets destroyed.   The last stronghold in the Marxist transformation of America handbook, "Rules for Radicals" by Saul Alinsky, is the middle class.  Alinsky had a plan to take it down, and this is the final nail. Still, I don't think any of these Senators are Marxists.  Obama is a Muslim Marxist, same as his father.  A real true believer.  But what were witnessing in America's destruction is not ideological.  It's all about the money.  Ideology is for the handful of idiots needed to put their lives on the line.  The rest can be handled with the one two punch of money and power.  And that's what we see with the amnesty Senators. The money comes from International Banksters and Big Business.  The power comes from having a position, bought with enormous amounts of cash, in the New World Order. Ideology is the facade that hides the enormity of this global power play.
Paul Merrell

CIA watchdog 'accidentally destroyed' copy of 'torture report' | TheHill - 0 views

  • The CIA’s inspector general has accidentally deleted its only copy of a controversial Senate report about the agency’s history of brutal interrogation techniques, opening a new front in the long battle over the document.Like many federal agencies across Washington, the spy agency watchdog was handed a copy of the Senate Intelligence Committee’s full, 6,700-page report about the CIA’s former methods shortly after it was completed. The full version of the report remains classified, however a 500-page executive summary was released to the public in late 2014.ADVERTISEMENTBut at some point last summer, both the electronic copy and a hard disk were destroyed, the watchdog told Congress.Sen. Dianne FeinsteinDianne FeinsteinCIA watchdog ‘accidentally destroyed’ copy of ‘torture report’ Overnight Energy: Senate rejects Iran measure, clearing way for energy spending bill Senate votes down Iran amendment to energy spending bill MORE (D-Calif.), the driving force behind the 2014 report, sent letters to the CIA and Justice Department on Friday confirming that the spy agency’s inspector general “has misplaced and/or accidentally destroyed” its copy of the report.According to Yahoo News, which first reported the development, the deletion was described as “inadvertent.”
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    Yes, it's just too easy to delete uncomfortable facts. Now if they'd just start making keyboards without a delete key ...
Paul Merrell

Victory Over Cyber Spying | Electronic Frontier Foundation - 0 views

  • This morning, the US Senate defeated the Cybersecurity Act of 2012, a bill that would have given companies new rights to monitor our private communications and pass that data to the government. The bill sponsors were 8 votes short of the 60 votes necessary to end debate on the bill (vote breakdown here). This is a victory for Internet freedom advocates everywhere. Hundreds of thousands of individuals emailed, tweeted, called, and sent Facebook messages to Senators asking them to defend privacy in the cybersecurity debate. Those voices were heard loud and clear in the halls of Congress today. EFF extends our heartfelt thanks to everyone who fought with us on this issue. We can all be proud today that there was no law enacted on our watch that would have compromised the online privacy rights of Internet users in the name of cybersecurity.  
  • Internet users also found they had powerful friends in the Senate. Senators Al Franken, Richard Durbin, Chris Coons, Bernie Sanders, Daniel Akaka, Ron Wyden and Richard Blumenthal championed civil liberties fixes to the bill. Senator Wyden, in particular, opposed the bill on privacy grounds, stating:  Today’s vote was one in which Senators were asked to sacrifice Internet users’ privacy and civil liberties for weak proposals to improve cyber security; I voted no. And Senators Al Franken and Rand Paul sponsored an amendment that would have removed the most privacy-invasive provisions of the bill. These champions of online rights helped us in the cybersecurity fight – and will hopefully stand with us again in defending civil liberties the next time this issue arises.
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